250-RICR-90-00-3
250-RICR-90-00-3. Finfish (version Adoption, 10/16/2017 to 01/04/2018)
3.1 Purpose
The purpose of these Rules
and Regulations is to manage the marine resources of Rhode Island.
3.2 Authority
These rules and regulations
are promulgated pursuant to R.I. Gen. Laws Title 20, R.I. Gen. Laws
Chapters 42-17.1, 42-17.6, and 42-17.7, and in accordance with R.I.
Gen. Laws Chapter 42-35-18(b)(5), Administrative Procedures Act, as
amended.
3.3 Application
The terms and provisions of
these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purposes of state law, goals, and
policies.
3.4 Definitions
See Rhode Island Marine
Fisheries Regulations, Part 1 of this Subchapter.
3.5 Severability
If any provision of these
Rules and Regulations, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the Rules and Regulations shall not
be affected thereby.
3.6 Superseded Rules and Regulations
On the effective date of
these Rules and Regulations, all previous Rules and Regulations, and
any policies regarding the administration and enforcement of these
regulations shall be superseded. However, any enforcement action
taken by, or application submitted to, the Department prior to the
effective date of these Rules and Regulations shall be governed by
the Rules and Regulations in effect at the time the enforcement
action was taken, or application filed.
3.7 Black Sea Bass
3.7.1 Recreational
A. Minimum size: Fifteen
inches (15”). Minimum size measurement for black sea bass does not
include the tendril located on the caudal (tail) fin.
B. Seasons and possession
limits:
1. January
1 through May 24: Closed.
2. May
25 through August 31: Three (3) fish per person per calendar day,
whether caught within the jurisdiction of this State or otherwise.
3. September
1 through September 21: Seven (7) fish per person per calendar day,
whether caught within the jurisdiction of this State or otherwise.
4. September
22 through October 21: Closed.
5. October
22 through December 31: Seven (7) fish per person per calendar day,
whether caught within the jurisdiction of this State or otherwise.
3.7.2 Commercial
A. Minimum size: Eleven (11)
inches, whether caught within the jurisdiction of this State or
otherwise.
B. Seasons, allocations, and
possession limits: A state quota for Black sea bass will be
established annually and shall be the most recent amount allocated to
the State of Rhode Island by the ASMFC and/or the Secretary of the
NOAA Fisheries. The quota shall be available during the following
sub-periods:
1. January
1 through April 30:
a. Allocation: Twenty-five
percent (25%) of the quota.
b. Possession limit: 750
pounds per vessel per week.
2. May
1 through June 30:
a. Allocation: Twenty-five
percent (25%) of the quota.
b. Possession limit: Fifty
(50) pounds per vessel per calendar day. The commercial fishery is
closed on Friday of each week during this sub-period.
3. July
1 through July 31:
a. Allocation: Nineteen and a
half percent (19.5%) of the quota.
b. Possession limit: Fifty
(50) pounds per vessel per calendar day. The commercial fishery is
closed on Friday of each week during this sub-period.
4. August
1 through September 14: Closed.
5. September
15 through October 31:
a. Allocation: Nineteen and a
half percent (19.5%).
b. Possession limit: Fifty
(50) pounds per vessel per calendar day. The commercial fishery is
closed on Friday of each week during this sub-period.
6. November
1 through December 31:
a. Allocation: Eleven percent
(11%).
b. Possession limit: One
hundred (100) pounds per vessel per calendar day.
C. Black sea bass pot
construction
1. All
black sea bass pots must be constructed with two escape openings in
the parlor portion of the pot. Openings may be circular, rectangular,
or square, and must be a minimum of 2.5” diameter if circular, 1-
3/8" X 5-3/4" if rectangular, 2” X 2” if square. Escape
vents must be attached with biodegradable fasteners which allow vents
or panels to fall away from the trap after loss.
2. The
hinges or fasteners of one panel or door must be made of one of the
following degradable materials:
a. Un-treated hemp, jute, or
cotton string 3/16” (4.8mm) or smaller;
b. Magnesium alloy, timed
float releases (pop-up devices) or similar magnesium alloy fasteners;
c. Un-galvanized or uncoated
iron wire of .094" (2.4mm) or smaller; or
d. If "bungee" cord
or other elasticized material is used to fasten the top, it must be
secured to the trap with a degradable hog ring.
3. Buoy
Lines: The use of floating line within eight (8) feet of the surface
of the water is prohibited on all scup pots, traps, or similar
contrivances.
3.8 Scup
3.8.1 Recreational
A. Minimum size: Ten inches
(10").
B. Season: May 1 through
December 31.
C. Possession limit: Thirty
(30) Scup per person per calendar day, whether caught within the
jurisdiction of this State or otherwise.
D. Special shore-fishing
provision:
1. Locations:
India Point Park, Providence; Conimicut Park, Warwick; Rocky Point,
Warwick; Stone Bridge, Tiverton; East and West Walls (Harbor of
Refuge), Narragansett; Fort Wetherill, Jamestown; and Fort Adams,
Newport:
2. Minimum
size: Nine inches (9”).
3. Season:
May 1 through December 31.
4. Possession
limit: Thirty (30) Scup per person per calendar day.
E. Licensed Party and Charter
vessels seasons and possession limit:
1. May
1 through August 31: Thirty (30) Scup per person per calendar day,
whether caught within the jurisdiction of this State or otherwise.
2. September
1 through October 31: Forty-five (45) scup per person per calendar
day whether caught within the jurisdiction of this State or
otherwise.
3. November
1 through December 31: Thirty (30) Scup per person per calendar day
whether caught within the jurisdiction of this State or otherwise.
3.8.2 Commercial
A. Minimum size: Nine (9)
inches.
B. Seasons, quotas and
possession limit: A total allowable harvest of Scup will be
established annually, and shall be that amount allocated to the State
of Rhode Island by the Regional Fishery Management Councils and/or
the ASMFC.
1. January
1 through April 30 (Winter I): 50,000 pounds per vessel per calendar
day, decreasing to 1,000 pounds per vessel per calendar day once 80%
of the federal Winter I coastwide Scup quota has been harvested as
determined by NOAA Fisheries.
2. May
1 through October 31 (Summer ‑ Fall): The State quota for scup
will be divided as follows:
a. General Category (gear
types other than floating fish traps): Forty percent (40%) of the
Summer- Fall sub-period quota will be allocated to all gear types
except floating fish traps and allocated as follows:
(1) May
1 through the Saturday before the third Sunday in September (Summer):
(AA) Allocation: Two-thirds
(2/3) of the General Category quota.
(BB) Possession limit: 10,000
pounds per vessel per calendar week. The calendar week period shall
begin on Sunday at 12:00 AM and ends on the following Saturday at
11:59 PM. When the Summer sub-period quota has been harvested as
determined by the DFW, the fishery will close. The fishery will
re-open on the third Sunday in September.
(2) Third
Sunday in September through October 31 (Fall):
(AA) Allocation: One-third
(1/3) of the General Category quota.
(BB) Possession limit: 10,000
pounds per vessel per calendar week. The calendar week period shall
begin on Sunday at 12:00 AM and ends on the following Saturday at
11:59 PM. When the Fall sub-period quota has been harvested as
determined by the DFW, the fishery will close. The fishery will
re-open at the beginning of the Winter II sub-period.
b. Floating fish trap: Sixty
percent (60%) of the Summer-Fall sub-period quota will be allocated
to the floating fish trap sector.
(1) During
those years in which the federal Winter I coastwide Scup quota is
completely exhausted prior to April 15, the floating fish trap quota
will be available on April 15. During those years in which the
federal Winter I coastwide Scup quota is not completely exhausted
prior to April 15, the floating fish trap quota will be available on
May 1.
(2) If
the DFW estimates that the Floating Fish Trap sector will not fully
utilize its scup allocation prior to the end of the Summer-Fall
sub-period, beginning on June 15, the DFW has the authority to move
the designated Floating Fish Trap sector allocation in to the general
category fishery as set forth in this part. The DFW will consult with
the Floating Fish Trap operators or their designee prior to enacting
any allocation roll over, and will maintain written correspondence in
the form of a letter on file as proof of said consultation.
(3) If
the DFW estimates that the Floating Fish Trap sector may have a
reasonable likelihood of utilizing prior to the end of the
Summer-Fall sub-period, a portion of its scup allocation that has
been transferred to the general category scup fishery, and has not as
yet been used by the general category scup fishery, the DFW has the
authority to move the designated general category Scup fishery quota
to the Floating Fish Trap sector. Any quota that was rolled over from
the General Category to the Floating Fish Trap sector shall not
exceed the amount that may have been transferred from the Floating
Fish Trap sector to the General Category.
(4) Floating
Fish Trap Reporting Requirement: Floating fish trap operators
permitted pursuant to R.I. Gen. Law § 20-5-1 will be required to
report landings of scup to SAFIS every Monday, Wednesday, and Friday,
of every week that the trap is in operation. If there is
non-compliance with this reporting requirement, the Floating Fish
Trap operators will be notified and will default to the following
program:
(AA) April 15 through October
31: During those years in which the Winter I Federal Coastwide Scup
Quota Allocation is completely exhausted prior to April 15, the
floating fish trap quota will be available on April 15. The
possession limit will be 25,000 pounds per floating fish trap per
calendar day. Once ninety percent (90%) of the sub-period allocation
is projected to be harvested, the possession limit will be 5,000
pounds per fish trap licensee per calendar day until one hundred
percent (100%) of the quota has been harvested.
(BB) May 1 through October 31:
During those years in which the Winter I federal coastwide scup quota
allocation is not completely exhausted prior to April 15, the
floating fish trap quota will be available on May 1. The possession
limit will be 25,000 pounds per floating fish operator per calendar
day. Once ninety percent (90%) of the sub-period allocation is
projected to be harvested, the possession limit will be 5,000 pounds
per fish trap licensee per calendar day until one hundred percent
(100%) of the quota has been harvested
(CC) Floating Fish trap
operator: For purposes of this section, fish trap operator shall
refer to a resident person or resident corporation currently issued a
permit pursuant to R.I. Gen. Laws § 20-5-2. The maximum possession
limit per floating fish trap licensee shall be the amount set forth
above regardless of the number of authorized trap locations, the
number of vessels or the number of licensed fishermen who may be
working for or may enter into contract with the floating fish trap
operator. While engaged in the operation of a fish trap, any licensed
fisherman that may be working for or may enter into contract with the
floating fish trap operator waives any individual right to possess
scup pursuant to a possession limit set out in these regulations.
3. November
1 - December 31 (Winter II): 2,000 pounds per vessel per calendar
day, decreasing to 500 pounds per vessel per calendar day once 70% of
the federal Winter II coastwide Scup quota has been harvested as
determined by NOAA Fisheries.
C. Trawl vessel gear
restrictions - minimum mesh size: Owners or operators of otter trawl
vessels possessing five hundred (500) pounds or more of scup from
November 1 through April 30; or two hundred (200) pounds or more of
scup from May 1 through October 31, may only fish with nets that have
a minimum mesh size of five (5) inches diamond (inside measure) or
square mesh with a minimum length of seventy-five (75) meshes from
the terminus of the net. For nets with less than seventy-five (75)
mesh cod ends, the entire net will be five (5) inch minimum size
diamond or square mesh.
D. Scup pots:
1. Pot
limits: Each person utilizing pots in the scup fishery shall be
permitted to fish up to fifty (50) pots regardless of the number of
licenses on board the vessel.
2. Pot
construction - escape vents: All scup pots must be constructed with
escape openings. Openings may be circular, rectangular, or square,
and must be a minimum of 3.1” diameter, 2-1/4" X 5-3/4"
if rectangular or may be constructed of 2-1/4" X 2-1/4"
wire mesh. Escape vents must be attached with biodegradable fasteners
which allow vents or panels to fall away from the trap after loss.
3. The
hinges or fasteners of one panel or door must be made of one of the
following degradable materials:
a. Un-treated hemp, jute, or
cotton string 3/16” (4.8mm) or smaller;
b. Magnesium alloy, timed
float releases (pop-up devices) or similar magnesium alloy fasteners;
c. Un-galvanized or uncoated
iron wire of .094" (2.4mm) or smaller; or
d. If "bungee" cord
or other elasticized material is used to fasten the top, it must be
secured to the trap with a degradable hog ring.
4. Buoy
Lines: The use of floating line within eight (8) feet of the surface
of the water is prohibited on all scup pots, traps, or similar
contrivances.
3.9 Summer Flounder
3.9.1 Recreational
A. Minimum size: Nineteen
inches (19”).
B. Season: May 1 through
December 31.
C. Possession limit: Four (4)
fish, whether caught within the jurisdiction of this state or
otherwise.
3.9.2 Commercial
A. Minimum size: Fourteen (14)
inches.
B. Seasons, allocations, and
possession limits: A total annual statewide quota for Summer flounder
will be established for the State by the ASMFC and/or NOAA Fisheries.
1. January
1 through April 30 (Winter):
a. Target allocation: 54% of
the annual quota.
b. Possession limit between
January 1 and the start of the Winter sub-period of the Aggregate
Landing Program, annually:
(1) Vessels
that possess a valid RI Summer Flounder Exemption Certificate
(Exemption Certificate): Two hundred (200) pounds per vessel per
calendar day.
(2) Vessels
that do not possess a valid Exemption Certificate: Two hundred (200)
pounds per vessel per calendar day.
c. Possession limit during the
Winter sub-period of the Aggregate Landing Program, annually:
(1) Vessels
not permitted in the Aggregate Landing Program but which possess a
valid Exemption Certificate: Two hundred (200) pounds per vessel per
calendar day. When 90% of the Winter sub-period quota has been
harvested as determined by the DFW, the possession limit per vessel
shall be one hundred (100) pounds per calendar day.
(2) Vessels
that do not possess a valid Exemption Certificate: Two hundred (200)
pounds per vessel per calendar day. When 90% of the Winter sub-period
quota has been harvested as determined by the DFW, the possession
limit per vessel shall be one hundred (100) pounds per calendar day.
(3) Aggregate
Landing Program: One thousand three hundred (1,300) pounds per vessel
per bi-weekly period. The bi-weekly periods shall be specified in the
Aggregate Landing Permit. When 90% of the Winter sub-period quota has
been harvested as determined by the DFW, the Aggregate Landing
Program will terminate and the possession limit shall be one hundred
(100) pounds per vessel per calendar day.
2. May
1 - September 15 (Summer):
a. Target allocation: 35% of
the annual quota.
b. Possession limit between
May 1 and May 31, annually:
(1) Vessels
that possess a valid Exemption Certificate: Fifty (50) pounds per
vessel per calendar day. The fishery is closed Friday, Saturday, and
Sunday each week.
(2) Vessels
that do not possess a valid Exemption Certificate: Fifty (50) pounds
per vessel per calendar day. The fishery is closed Friday, Saturday,
and Sunday each week.
c. Possession limit during the
Summer sub-period of the Aggregate Landing Program, annually:
(1) Vessels
not permitted in the Aggregate Landing Program, but which possess a
valid Exemption Certificate: Fifty (50) pounds per vessel per
calendar day. The fishery is closed Friday, Saturday, and Sunday each
week.
(2) Vessels
that do not possess a valid Exemption Certificate: Fifty (50) pounds
per vessel per calendar day. The fishery is closed Friday, Saturday,
and Sunday each week.
(3) Aggregate
Landing Program: Two hundred (200) pounds per vessel per week. When
80% of the Summer sub-period quota has been harvested as determined
by the DFW the program will terminate and the possession limit per
vessel shall be fifty (50) pounds per calendar day. The fishery is
closed Friday, Saturday, and Sunday each week.
3. September
16 - December 31 (Fall):
a. Target allocation: 11% of
the annual quota.
b. Possession limit:
(1) Vessels
that possess a valid Exemption Certificate: One hundred (100) pounds
per vessel per calendar day.
(2) Vessels
that do not possess a valid Exemption Certificate: One hundred (100)
pounds per vessel per calendar day.
C. Aggregate Landing Program:
1. Sub-periods:
a. Winter: Beginning on the
Sunday of the first full week in February through April 30 annually,
or until 90% of the Winter sub-period quota has been harvested as
determined by the DFW.
b. Summer: Beginning on June 1
through September 15 annually, or until 80% of the Summer sub-period
quota has been harvested as determined by the DFW.
2. Eligibility:
An applicant vessel shall be considered eligible for a permit to
participate in the Aggregate Landing Program by demonstrating to the
satisfaction of the DFW and the Division of Law Enforcement each of
the following:
a. The vessel, if harvesting
Summer flounder from federal waters, possesses a valid federal Summer
Flounder Moratorium Permit and RI Summer Flounder Exemption
Certificate (Exemption Certificate);
b. The vessel’s operator, if
harvesting exclusively in State waters, holds a valid RI commercial
fishing license to harvest or land summer flounder and possesses a
valid Exemption Certificate;
c. The vessel’s operator has
not been assessed a criminal or administrative penalty in the past
three years for a violation of this section or has more than one
marine fisheries violation.
3. Application:
Application for an Aggregate Landing Program Permit shall be made on
forms as prescribed by the Director.
4. No
vessel shall possess simultaneously more than one Aggregate Landing
Program permit;
5. Non-compliance
with the provisions of these regulations or the permit agreement
shall subject both the owner and the operator to revocation of
enrollment and participation in the commercial fisheries for
remainder of the sub-period or the subsequent sub-period. If for any
reason a sub-period does not exist by regulation, the privilege of
the owner(s) and operator(s) to commercially harvest fish shall be
suspended for the same calendar time period as described in the
current sub-period upon adjudication.
6. Any
applicant who is permitted for the Winter sub-period for the
Aggregate Landing Program may not participate in the Summer
sub-period within the same year.
D. Rhode Island Summer
Flounder Exemption Certificate:
1. Application:
Applicant’s shall provide each of the following:
a. A copy of the operator's
valid current Rhode Island commercial fishing license or non-resident
landing license, and Federal Fluke Permit if the summer flounder is
to be taken in the EEZ;
b. A completed notarized
application;
c. Proof that the vessel meets
the requirements set out in this section;
d. Provide a completed
notarized waiver authorizing the Department to access records
verifying that this vessel and operator meet the criteria set forth
in this section; and
e. A copy of the vessel's U.S.
Coast Guard documentation papers or state issued boat registration
certificate proving ownership of the vessel.
2. Eligibility:
DFW will issue an Exemption Certificate for a vessel if the owner of
the vessel or his/her representative applies to DFW prior to January
1, 1997, for the issuance of such a certificate and demonstrates to
the satisfaction of the Director that:
a. The operator of the vessel
possesses a valid Rhode Island commercial fishing license to land
Summer flounder up to the amount permitted by these regulations; and
b. The subject vessel meets
any of the following criteria:
(1) The
vessel was operated by a person who possessed a valid Rhode Island
commercial fishing license and landed and sold in excess of one pound
of summer flounder to a Rhode Island licensed dealer during the
period from January 1, 1987, through December 31, 1992;
(2) The
vessel fished exclusively in the Exclusive Economic Zone (EEZ) and
landed and sold in excess of one pound of summer flounder to a
licensed Rhode Island licensed dealer sometime during the period
January 1, 1987, through December 31, 1992. The Department may
require additional supporting documents including but not limited to
the ship's logs, ice and fuel slips;
(3) The
vessel replaces a vessel which was operated by a person who possessed
a valid Rhode Island commercial fishing license, and the vessel being
replaced landed and sold in excess of one pound of summer flounder to
a Rhode Island licensed dealer during the period from January 1,
1987, through December 31, 1992, and if the vessel being replaced was
lost by sinking or was otherwise destroyed, the replaced vessel is
required to have been owned by the applicant at the time of the loss;
(4) The
vessel replaces a vessel which fished exclusively in the EEZ and
landed and sold in excess of one pound of summer flounder to a Rhode
Island licensed dealer, during the period January 1, 1987, through
December 31, 1992, and if the vessel being replaced was lost by
sinking or was otherwise destroyed, the replaced vessel is required
to have been owned by the applicant at the time of the loss.
(5) If
the vessel is replacing a vessel that was lost by sinking or was
otherwise destroyed, documentation must be presented from a licensed
insurance company, U.S. Coast Guard report, or some other valid
evidence of ownership to the satisfaction of the Director.
3. Transfer
of an Exemption Certificate: An Exemption Certificate issued by the
DFW is only valid for the vessel to which it is issued. A vessel may
be sold with all certificates, permits (state and federal) and
history transferred together or without the certificates, permits
(state and federal) and history for purposes of replacing the vessel.
In instances when a vessel owner retains all certificates, permits,
and history they must be applied to a replacement vessel owned by
said individual within ninety (90) days.
a. Change in ownership: An
Exemption Certificate is presumed to transfer with the vessel
whenever it is bought, sold, or otherwise transferred, unless there
is a written agreement, signed by the transferor/seller and
transferee/buyer, or other credible written evidence, verifying that
the transferor/seller is retaining the vessel’s fishing and permit
history for purposes of replacing the vessel. Individuals who
purchase a vessel issued an Exemption Certificate must supply
credible written evidence verifying that they are the full owner of
said vessel. Vessel ownership will be determined solely by an issued
and valid (unexpired) US Coast Guard documentation or state
registration.
b. Replacement Vessels: A
vessel owner wishing to transfer an Exemption Certificate must
provide proof to the satisfaction of the DFW that the applicant
vessel is replacing a vessel and that said certificate is only
applicable to the vessel for which the Exemption Certificate has been
transferred.
(1) The
vessel owner must supply credible written evidence verifying that the
transferor/seller is retaining the vessel's Exemption Certificate for
purposes of replacing the vessel. If a vessel owner elects to sever
the Exemption Certificate from a vessel, the Exemption Certificate
may be transferred only to another vessel fully owned by said vessel
owner. Proof of full ownership of both vessels is required. Vessel
ownership will be determined solely by an issued and valid
(unexpired) US Coast Guard documentation or state registration.
(2) Vessel
permits (state and federal), Exemption Certificates, and fishing
history cannot be split.
(3) An
Exemption Certificate may not be combined to create larger
replacements vessels.
(4) The
replacement vessel may not exceed a 10 percent increase in length
overall (LOA), a 10 percent increase in gross registered tonnage
(GRT) or net tonnage (NT), or a 20 percent increase in horsepower of
the vessel’s baseline specifications, as applicable.
(5) Vessel
baseline specifications: The vessel baseline specifications in this
section are the respective specifications (length, gross registered
tonnage, net tonnage, horsepower) of the vessel that was initially
issued an Exemption Certificate.
(6) A
vessel may be upgraded, whether through refitting or replacement, and
be eligible to retain an Exemption Certificate, only if the upgrade
complies with the following:
(AA) The vessel’s horsepower
may be increased only once, whether through refitting or replacement.
Such an increase may not exceed 20 percent of the horsepower of the
vessel’s baseline specifications, as applicable.
(BB) The vessel’s length,
GRT, and NT may be increased only once, whether through refitting or
replacement. Any increase in any of these three specifications of
vessel size may not exceed 10 percent of the vessel’s baseline
specifications, as applicable. If any of these three specifications
is increased, any increase in the other two must be performed at the
same time. This type of upgrade may be done separately from an engine
horsepower upgrade.
4. Exemption
Certificates may not be:
a. Pledged, mortgaged, leased,
or encumbered in any way;
b. Transferred with any
retained right of repossession or foreclosure, or any condition
requiring a subsequent transfer; or
c. Attached, distrained, or
sold on execution of judgment.
5. Otter
trawl Mesh size: Otter trawlers that land or possess 100 pounds (45.4
kg) or more of Summer flounder per day from May 1 through October 31;
or 200 pounds (90.8 kg) or more of summer flounder per trip from
November 1 through April 30, must fish with nets or combinations of
nets that have a minimum mesh size of 5.5 inch (14.0 cm) diamond, or
6 inch (15.2 cm) square mesh applied throughout the body,
extension(s) and cod end portion of the net.
6. Summer
flounder may be landed between the hours of 6:00 AM to 8:00 PM only;
7. Control
Date: A control date of December 31, 2010, is established for the
commercial Summer flounder fishery in Rhode Island.
3.10 Striped Bass
3.10.1 Recreational
A. Minimum size: Twenty-eight
inches (28") in total length, whether caught within the
jurisdiction of this State, or otherwise.
B. Season: January 1 through
December 31.
C. Possession limit: One (1)
fish per person per day, whether caught within the jurisdiction
of Rhode Island or otherwise.
1. Possession
limit compliance aboard vessels:
a. Licensed party/charter
vessels: Possession limit compliance aboard licensed party/charter
vessels will be determined by dividing the number of fish by the
number of fishermen onboard the boat.
b. Multiple licensed
recreational fishermen fishing from a single vessel: Possession limit
compliance aboard vessels with multiple licensed fishermen will be
determined by dividing the number of fish by the number of licensed
fishermen on board said vessel.
D. Any person recreationally
harvesting a striped bass thirty-four (34) inches or larger shall at
the time of harvest have the right pectoral fin removed at a point as
close to the body of the fish as possible
3.10.2 Commercial
A. General Category:
1. Minimum
size: Thirty four (34) inches or greater in total length, whether
caught within the jurisdiction of this state or otherwise.
2. Seasons,
allocations, and possession limits: During a single calendar year,
the general category Striped bass fishery shall be allowed to harvest
not more than sixty-one percent (61%) of the annual Rhode Island
commercial quota.
a. January 1 through May 27:
Closed.
b. May 28 through August 31:
(1) Allocation:
Seventy percent (70%) of the general category quota will be available
in this sub-period.
(2) Possession
limit: Five (5) fish per person per calendar day, or if fishing from
a vessel, five (5) fish per vessel per calendar day.
(3) The
fishery will be closed in each calendar week from 12:00 AM Friday
until 11:59 PM Saturday during this sub-period. There will be no
commercial possession or sale of Striped bass on these days for
general category commercial fishermen.
(4) The
sub-period will close once seventy percent (70%) of the general
category quota is projected to be harvested if prior to August 31.
c. September 1 through
September 9: Closed.
d. September 10 through
December 31:
(1) Allocation:
Thirty percent (30%) of the general category quota will be available
in this sub-period.
(2) Possession
limit: Five (5) fish per person per calendar day, or if fishing from
a vessel, five (5) fish per vessel per calendar day.
(3) The
fishery will be closed in each calendar week from 12:00 AM Friday
until 11:59 PM Saturday during this sub period. There will be no
commercial possession or sale of Striped bass on these days for
general category commercial fishermen.
(4) The
sub-period will close when 30% of the general category quota is
projected to be harvested.
(5) If
DEM determines that the quota will be exceeded or will not be met
before the end of the fall season, DFW may adjust that catch rate
accordingly on or after September 15 annually.
3. If
DEM estimates that the Floating Fish Trap sector will not fully
utilize its allocation prior to the end of the season, beginning on
October 15, the Division may move the Floating Fish Trap allocation
into the general category fishery. DEM will consult with the Floating
Fish Trap Licensees or their designee prior to enacting any
allocation roll over, and will maintain written correspondence in the
form of a letter on file as proof of said consultation.
B. Floating Fish Trap:
1. Floating
fish trap operators must be permitted pursuant to RIMFR Part 6 -
General Equipment Provisions.
2. Allocation:
During a single calendar year, the floating fish trap quota shall not
be more than thirty-nine percent (39%) of the annual Rhode Island
commercial quota.
3. Minimum
size: Twenty-six inches (26”) in total length.
4. Season:
April 1 through December 31.
5. Possession
limit: Unlimited. Once seventy percent (70%) of the seasonal
allocation is projected to be harvested the possession limit shall be
200 pounds per floating fish trap licensee per calendar day.
6. When
DFW has determined that the annual quota allocated to floating fish
traps has been reached, the fishery will terminate.
7. Reporting:
All floating fish trap operators shall keep daily records of striped
bass landings and report landings to SAFIS every Monday, Wednesday,
and Friday, of every week that the trap is in operation.
8. If
the floating fish trap operators are found to be out of compliance
with the reporting requirements, the operators will be notified, and
default to following program:
a. April 1 through December
31: One hundred percent (100%) of the floating fish trap quota shall
be available during this sub-period. Once eighty percent (80%) of the
seasonal allocation is projected to be harvested the possession limit
shall be 500 pounds per floating fish trap licensee per calendar day.
C. Gillnet prohibition for
Striped bass: No person shall take or possess any striped bass while
gillnetting, or while hauling a gill net.
D. Hybrid Striped bass
Cultured Striped Bass:
1. Aquaculture‑reared
striped bass or hybrid striped bass brought into Rhode Island for
sale or resale, which is wholly or partially processed, except for
cultured striped bass or hybrid Striped bass from a fish farm or
processor which are a fully processed and packaged product whether
fresh or frozen, shall have affixed to it a tag identifying it as an
aquaculture product.
2. Packages,
containers, and each fish or fish product containing aquaculture
products shall be tagged or labeled with a uniform series of 14 digit
numbers and letters as shown in the example below:
MD = State of origin
123 = Permit number
(producing state issued permit number)
0889 = Month and year of
shipment
A1234 = Species ID and
number of product
3. Each
fish or fish product shall have affixed to it a tag bearing the same
information listed in section 3.10.2 E. of these regulations.
4. The
sale of this product shall be accompanied by a receipt showing: (a)
the date of sale; (b) name, address, and permit number of the
aquaculture facility; (c) numbers and species of Striped bass sold;
(d) name of purchaser.
5. Fish
shipped in the round and filleted by the seller, shall have the tag
removed and wrapped in with the fillets when sold.
6. The
consignee of each subsequent sale shall retain a copy of the bill of
lading or similar accountable document for 1 year, and make it
available to the Department upon request.
E. Commercial Striped Bass
Tags: Each individual Striped bass shall be immediately marked with
tags available from DEM. No Striped bass may be sold unless it has
been properly identified with such tag. DEM may designate tagging
agents as appropriate. All designated tagging agents shall keep and
maintain the required forms and reports specified by DEM. All tag
reports and unused tags must be returned to DEM by January 1st of the
following year. Failure to return reports and unused tags may result
in the tagging agent becoming ineligible to receive striped bass tags
in the future.
3.11 Tautog
3.11.1 Recreational
A. Minimum size: Sixteen (16)
inches.
B. Seasons and possession
limits:
1. January
1 through April 14: Closed.
2. April
15 through May 31: Three (3) fish per person per calendar day.
3. June
1 through July 31: Closed.
3. August
1 through October 14: Three (3) fish per person per calendar day.
4 October
15 through December 15: Six (6) fish per person per calendar day.
5. December
16 through December 31: Closed
6. Maximum
per vessel possession limit: The possession limit shall be per person
per calendar day, as stated above, with a maximum of ten (10) fish
per vessel per calendar day.
7. Licensed
Party and Charter vessels seasons and possession limits:
a. January 1 through April 14:
Closed
b. April 15 through May 31:
Three (3) fish per person per calendar day.
c. August 1 through October
14: Three (3) fish per person per calendar day.
d. October 15 through December
15: Six (6) fish per person per calendar day.
e. December 16 through
December 31: Closed
3. Licensed
Party/charter vessels are not subject to the ten (10) fish per vessel
per calendar day restriction.
4. Reporting:
Any Party and Charter vessel participating in the tautog fishery must
report each trip targeting tautog into the elogbook (the electronic
logbook hosted by ACCSP).
3.11.2 Commercial
A. Minimum size: Sixteen (16)
inches.
B. Seasons, allocations, and
possession limit: The total allowable harvest of tautog will be
established annually, and will be that amount allocated to the State
of Rhode Island by the Regional Fishery Management Council and/or the
ASMFC. The quota shall only be available during the following
seasons:
1. January
1 through April 14: Closed.
2. April
15 through May 31:
a. Allocation: 40% of the
annual quota.
b. Possession limit: Ten (10)
fish per vessel per day.
3. August
1 through September 15:
a. Allocation: 20% of the
annual quota.
b. Possession limit: Ten (10)
fish per vessel per day.
4. September
16 through October 14: Closed.
5. October
15 through December 31:
a. Allocation: 40% of the
annual quota
b. Possession limit: Ten (10)
fish per vessel per day.
3.12 American eel
3.12.1 Recreational
A. Minimum size: Nine (9)
inches.
B. Season: January 1 through
December 31.
C. Possession limit:
Twenty-five (25) fish per angler per day.
D. Licensed Party and Charter
vessel season and possession limit:
1. Season:
January 1 through December 31.
2. Possession
limit: Fifty (50) fish per angler per day for the licensed captain
and any employed crew member; and twenty-five (25) fish per angler
per day for any paying customer.
3.12.2 Commercial
A. Minimum size: Nine (9)
inches.
B. Season: January 1 through
December 31.
1. Closed
season: September 1 through December 31 annually for any gear type
other than baited traps/pots or spears.
C. Possession limit:
Unlimited.
D. Commercial Eel pot
restrictions: Eel pots shall have a minimum mesh size of ½ by ½
inches or shall have a 4 by 4 inch escape panel constructed of a mesh
size of at least ½ by ½ inch mesh. The escape vent allowance will
be in effect from January 1, 2014 - December 31, 2016, after which
the entire pot must meet the ½ by ½ inches mesh requirement.
3.13 American plaice
3.13.1 Recreational
A. Minimum size: Fourteen
inches (14”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
recreational American plaice fishery shall operate on a May 1 through
April 30 fishing year.
C. Possession limit:
1. There
is no recreational possession limit for American plaice provided the
vessel is fishing in state waters and does not have a federal permit
authorizing the harvest of American plaice.
2. Vessels
in possession of a federal permit authorizing the recreational
harvest of American plaice in federal waters may harvest American
plaice in state waters in the amount equal to the federal
regulations.
3.13.2 Commercial
A. Minimum size: Twelve inches
(12”), whether caught within the jurisdiction of this State or
otherwise.
B. Fishing year: The
commercial American plaice fishery shall operate on a May 1 through
April 30 fishing year.
C. Possession limit:
1. There
is no commercial possession limit for American plaice provided the
vessel is fishing in state waters and does not have a federal permit
authorizing the harvest of American plaice.
2. Vessels
in possession of a federal permit authorizing the commercial harvest
of American plaice in federal waters may harvest American plaice in
state waters in the amount equal to the federal regulations.
3.14 American shad
The harvest, landing, or
possession of American shad in the marine waters of Rhode Island is
prohibited.
3.15 Atlantic herring
3.15.1 Commercial
A. Season: The season for
Atlantic herring begins annually on January 1. When the Atlantic
herring quota has been harvested as determined by NOAA Fisheries, the
season will close.
B. Possession limit: 2,000
pounds per vessel per day, unless the vessel holds a RI State Waters
Atlantic Herring Fishing permit.
C. Rhode Island State Waters
Atlantic Herring Fishing Permit: A permit from DFW is required for
vessels engaged in the fishing and/or processing of over 2,000 pounds
of Atlantic herring per day in Rhode Island state waters.
1. Issuance
of this permit is contingent on fishing vessel captains attending a
meeting with DFW staff where they are required to give proof that:
a. The vessel and its
captain(s) have obtained all necessary and applicable authorizations
to fish for Atlantic herring in RI waters (license, endorsements(s),
and vessel declarations);
b. The vessel captain(s) have
provided a valid email address to DFW at which the captain can access
while fishing for the purpose of receiving advisories pertaining to
river herring;
c. The vessel captain(s) have
received from DFW a chart of fixed commercial fishing gear locations
in Rhode Island waters and will have said chart in his/her possession
while engaged in the fishing and/or processing of Atlantic Herring in
RI waters;
d. The vessel captain(s) have
received from DFW a copy of all applicable regulations governing the
commercial harvest of Atlantic herring in Rhode Island waters.
2. Permits
shall be issued annually and are valid for one calendar year from
January 1 to December 31.
3. Issuance
of the permit is contingent upon a background check to determine if
the applicant captain or vessel has been assessed a criminal or
administrative penalty in the past three years of this section or
7.20 (River herring) or more than one marine fisheries violation.
D. River Herring Bycatch
Allowance: Vessels possessing a federal Atlantic herring permit
fishing in federal waters may transit Rhode Island state waters and
make a landing in possession of alewives, or blueback herring, Alosa
aestivalis (river herring) provided that the count of the combined
river herring is 5% or less than the count of Atlantic herring
onboard the vessel.
1. The
percentage of River herring in the catch will be assessed by sorting
and counting a batch of fish taken from the catch of Atlantic herring
on board the vessel or being landed by the vessel. This determination
as to the percentage of River herring in the catch shall be
accomplished by filling a container as defined herein, with a portion
of the catch and examining the contents of said container. The
percentage of river herring in said container shall be deemed to be
representative of the percentage of River herring in the catch as a
whole for purposes of a determination as to whether a vessel is in
compliance with the requirements of this section.
2. A
batch of fish is defined as all fish in a separate container.
3. A
container is defined as any box, tote, bag, bucket or other
receptacle capable of retaining at least 25 gallons of loose fish
which may be separated from the total catch of Atlantic herring being
landed.
E. Atlantic Herring
Processing: No person may process Atlantic herring for purposes other
than human consumption. Direct mealing of Atlantic herring is
prohibited.
F. Atlantic Herring - Vessel
Size and Horsepower: No vessel harvesting Atlantic herring in the
Atlantic coast herring fishery shall exceed 165 feet in length
overall, and 3,000 horsepower.
3.16 Atlantic salmon
The harvest, landing, or
possession of Atlantic salmon in the marine waters of Rhode Island is
prohibited.
3.17 Atlantic sturgeon
The harvest, landing, or
possession of Atlantic sturgeon in the marine waters of Rhode Island
is prohibited.
3.18 Bluefish
3.18.1 Recreational
Possession limit: Fifteen
(15) fish per person per calendar day.
3.18.2 Commercial
A. A total allowable harvest
of Bluefish will be established annually, and shall be that amount
allocated to the State of Rhode Island by the Regional Fishery
Management Councils and/or the ASMFC.
B. Minimum size: Twelve inches
(12”).
C. Seasons and possession
limits:
1. January
1 through April 30: Five hundred (500) pounds per vessel per week.
2. May
1 through November 11: Six thousand (6,000) pounds per vessel per
week.
3. November
12 through December 31: Five hundred (500) pounds per vessel per
week.
3.19 Coastal sharks
3.19.1 Recreational
A. Prohibited species. Taking
or possessing any of the following shark species is prohibited:
Sandbar, Silky, Sand tiger, Bigeye sand tiger, Whale, Basking, White,
Dusky, Bignose, Galapagos, Night, Reef, Narrowtooth, Caribbean
sharpnose, Smalltail, Atlantic angel, Longfin mako, Bigeye thresher,
Sharpnose sevengill, Bluntnose sixgill, and Bigeye sixgill.
B. Landings requirements: No
person fishing recreationally shall possess or land sharks that do
not have heads, tails, and fins attached naturally to the carcass.
Sharks may be gutted and bled by making an incision at the base of
the caudal peduncle provided the tail is not removed. No person
fishing recreationally shall fillet a shark at sea or otherwise cut a
shark into pieces at sea.
C. Minimum size:
1. Smooth
Dogfish, Atlantic sharpnose, Finetooth, Blacknose, and Bonnethead
shark: No minimum size.
2. Tiger,
Blacktip, Spinner, Bull, Lemon, Nurse, Shortfin mako, Porbeagle,
Common thresher, Oceanic whitetip, and Blue shark: Minimum fork
length is 54 inches.
3. Scalloped
hammerhead, Smooth hammerhead, and Great hammerhead shark: Minimum
fork length is 78 inches.
D. Shore-based possession
limits:
1. One
(1) shark per person per calendar day, with one additional bonnethead
and one (1) additional Atlantic sharpnose shark per person per
calendar day.
2. Smoothhound
sharks: Unlimited.
E. Vessel-based possession
limits:
1. One
(1) shark per vessel per calendar day, or per trip per calendar day,
whichever is less, regardless of the number of people on board the
vessel, with one (1) additional bonnethead and one additional
Atlantic sharpnose shark per vessel per calendar day, or per trip per
calendar day, whichever is less.
2. Smoothhound
sharks: Unlimited.
3. Sharks
that are transported by vessel are considered “boat assisted” and
"vessel-based" regardless of how or where they were caught.
F. Authorized gear: No person
fishing recreationally shall take sharks by any method other than rod
and reel or handline. Handlines are defined as a mainline to which no
more than two gangions or hooks are attached; retrieved by hand, not
by mechanical means; and attached to, or in contact with, a vessel.
3.19.2 Commercial
A. Commercial species groups:
Coastal sharks are grouped into commercial species groups as follows:
1. Prohibited:
Sand tiger, Bigeye sandtiger, Whale, Basking, White, Dusky, Bignose,
Galapagos, Night, Reef, Narrowtooth, Caribbean sharpnose, Smalltail,
Atlantic angel, Longfin mako, Bigeye thresher, Sharpnose sevengill,
Bluntnose sixgill, and Bigeye sixgill shark.
2. Research:
Sandbar shark.
3. Smoothhound:
Smooth dogfish and Florida smoothhound shark.
4. Non-Blacknose
Small Coastal: Atlantic sharpnose, Finetooth, and Bonnethead shark.
5. Blacknose:
Blacknose shark.
6. Aggregated
Large Coastal: Silky, Tiger, Blacktip, Spinner, Bull, Lemon, and
Nurse shark.
7. Hammerhead:
Scalloped hammerhead, Great hammerhead, and Smooth hammerhead shark.
8. Pelagic:
Shortfin mako, Porbeagle, Common thresher, Oceanic whitetip, and Blue
shark.
B. Prohibited species: Taking
or possessing any of the species of sharks in the Prohibited and
Research species groups is prohibited:
C. Fishing year: January 1
through December 31.
D. Quota specification:
1. Smoothhound
sharks: A total annual statewide quota will be established for the
State by the ASMFC and/or NOAA Fisheries.
2. Species
groups other than Smoothhound sharks will be established annually by
the ASMFC and/or NOAA Fisheries.
E. Seasons: Seasonal periods
for commercial shark fisheries may be established annually either
through NOAA Fisheries, ASMFC, or DEM.
F. Possession limit:
Possession limits will be established annually by NOAA Fisheries,
ASMFC, or DEM.
1. Smoothhound,
Non-Blacknose Small Coastal, Blacknose, and Pelagic shark species
groups: Unlimited.
2. Aggregated
Large Coastal and Hammerhead species groups: Forty five (45) sharks
per vessel per day, adjusting to between fifty five (55) and zero (0)
sharks per vessel per day during the fishing year as determined by
NOAA Fisheries.
3. It
shall be unlawful for any person to possess any species of shark in
state waters when NOAA Fisheries prohibits the possession of that
species in federal waters.
G. Display and research of
sharks: No person shall possess, transport, sell or offer to sell any
of the shark species listed in the Prohibited and Research Species
groups without a valid state collector’s permit obtained from the
Director. Any person so authorized shall:
1. Report
to the Director within thirty (30) days of possession the species
identification, length, weight, date, and location where caught by
latitude and longitude coordinates, and the gear used; and
2. For
each shark taken for live display, the holder of the permit shall
also report to the Director annually by December 31 for the life of
the shark. The report shall include all of the information specified
in the original report to the Director pertaining to the sharks, as
well as updated information on the length and weight of the shark.
H. Authorized sale: No person
shall sell any shark species to a person or dealer who does not
possess a Rhode Island commercial dealer license, and a federal
Commercial Shark Dealer Permit issued by the NOAA Fisheries.
I. Authorized commercial gear:
No person shall take or possess sharks using any method other than
the following gear types:
1. Rod
& reel;
2. Handlines,
which are defined as a mainline to which no more than two gangions or
hooks are attached. A handline is retrieved by hand, not by
mechanical means, and must be attached to, or in contact with, a
vessel;
3. Small
mesh gillnets which are defined as having a stretch mesh size smaller
than five (5) inches;
4. Large
mesh gillnets which are defined as having a stretch mesh size equal
to or greater than five (5) inches;
5. Trawl
nets;
6. Shortlines
which are defined as fishing lines containing fifty (50) or fewer
hooks and measuring less than five hundred (500) yards in length. A
maximum of two (2) shortlines shall be allowed per vessel;
7. Pound
nets/fish traps;
8. Weirs.
J. Bycatch reduction measures:
Vessels using shortlines and large-mesh gillnets to catch sharks must
abide by the following bycatch regulation measures. Any vessels using
shortlines or large-mesh gillnets that do not follow the following
bycatch reduction measures are prohibited from possession, landing or
selling any sharks.
1. Any
vessel using a shortline shall adhere to the following:
a. Use corrodible circle
hooks, which are defined as non-offset hooks with the point turned
perpendicularly back to the shanks; and
b. Practice the protocols, and
possess the federally required release equipment, for pelagic and
bottom longlines for the safe handling, release, and disentanglement
of sea turtles and other non-target species; and
c. All captains and vessel
owners must be certified in using, handling and release equipment.
Captains and vessel owners can become certified by attending a
Protected Species Safe Handling, Release, and Identification Workshop
offered by NOAA Fisheries.
2. Any
vessel using large-mesh gillnets, must use nets that are shorter than
2.5 kilometers.
K. Prohibition of finning:
Finning is defined as the act of taking a shark and removing its
fins. Finning of sharks is prohibited in all state waters. All
sharks, with the exception of smoothhound, possessed by commercial
fishermen within state boundaries must have the tails and fins
attached naturally to the carcass until landed. Fins may be cut as
long as they remain attached to the carcass, by natural means, with
at least a small portion of uncut skin. Sharks may be gutted and bled
provided the tail is not removed. Sharks taken and possessed by
commercial fishermen may have the heads removed, but no commercial
fisherman shall fillet a shark at sea or otherwise cut a shark into
pieces at sea.
1. Commercial
fishermen may eviscerate and remove the head and all shark fins of
smooth dogfish while at sea provided smooth dogfish make up at least
25 percent, by weight, of total catch on board at the time of
landing. Trips that do not meet the 25 percent catch composition
requirement can land smooth dogfish, but the fins must remain
naturally attached to the carcass. If fins are removed, the total wet
weight of the shark fins may not exceed 12 percent of the total
dressed weight of smoothhound carcasses landed or found on board a
vessel. Commercial fishermen may retain other sharks on board
provided the fins of other shark species remain naturally attached to
the carcass through offloading.
3.20 Cod
3.20.1 Recreational
A. Minimum size: Twenty-two
inches (22”), whether caught within the jurisdiction of this State
or otherwise.
B. Possession limit: Ten (10)
fish per person per calendar day.
3.20.2 Commercial
A. Minimum size: Nineteen
inches (19”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
commercial Cod fishery shall operate on a May 1 through April 30
fishing year.
C. Possession limit: 1,000
pounds per vessel per calendar day for any vessel fishing in state
waters. The possession limit may be modified on the basis of a RI
state water cod quota as set by DFW, which shall be equal to 1% of
the federal Georges Bank cod annual catch limit (ACL) for the given
fishing year. When 90% of the state water quota has been harvested as
determined by the DFW, the possession limit will decrease to 75
pounds of cod per vessel per calendar day for the remainder of the
fishing year.
3.21 Haddock
3.21.1 Recreational
A. Minimum size: Eighteen
inches (18”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
recreational haddock fishery shall operate on a May 1 through April
30 fishing year.
C. Possession limit:
1. There
is no recreational possession limit for haddock provided the vessel
is fishing in state waters and does not have a federal permit
authorizing the harvest of haddock.
2. Vessels
in possession of a federal permit authorizing the recreational
harvest of haddock in federal waters may harvest haddock in state
waters in the amount equal to the federal regulations.
3.21.2 Commercial
A. Minimum size: Sixteen
inches (16”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
commercial haddock fishery shall operate on a May 1 through April 30
fishing year.
C. Possession limit:
1. There
is no commercial possession limit for haddock provided the vessel is
fishing in state waters and does not have a federal permit
authorizing the harvest of haddock.
2. Vessels
in possession of a federal permit authorizing the commercial harvest
of haddock in federal waters may harvest haddock in state waters in
the amount equal to the federal regulations.
3.22 Menhaden
3.22.1 Recreational
A. Minimum size: No minimum
size.
B. Season: January 1 through
December 31.
C. Possession limit:
1. Less
than or equal to four (4) inches in total length: Unlimited.
2. Greater
than four (4) inches in total length: Two hundred (200)
fish/person/day.
3.22.2 Commercial
A. Menhaden Management
Area: Narragansett Bay in its entirety is designated a Menhaden
Management Area pursuant to R.I. Gen. Laws § 20-4.1-1. This area
shall include the east and west passages of Narragansett Bay,
Mt. Hope Bay, and the Sakonnet River, and be bordered on the
south by a line from Bonnet Point to Beavertail Point to Castle Hill
Light. The southern boundary further extends from Land's
End to Sachuest Point and then to Sakonnet Light. The following
regulations govern all commercial menhaden operations conducted in
the Menhaden Management Area (Management Area).
1. Opening
and closure of fishery:
a. Fishery opening -
possession limits:
(1) Biomass
Floor: On an annual basis in the spring, the DEM shall conduct
regular estimates of the standing stock of menhaden present in the
Management Area utilizing approved scientific monitoring methods. On
the basis of those estimates, DFW shall open the commercial fishery
at an initial possession limit of 120,000 pounds per vessel per
calendar day when the estimated weekly standing stock reaches
2,000,000 pounds.
(2) The
possession limits may be modified by the DEM on the basis of the
estimated weekly standing stock of menhaden in the Management Area
derived via approved scientific monitoring methods.
(3) The
possession or taking of menhaden is prohibited on any Saturday,
Sunday, official state holiday, or prior to sunrise or following
sunset, unless using a non-directed gear type for menhaden.
Non-directed gear shall be defined as cast nets, floating fish traps,
and rod and reel.
b. Fishery closure:
(1) Biomass
Ceiling: When 50% of the estimated standing stock of menhaden stock
present in the management area, above the minimum threshold amount of
1,500,000 pounds, is harvested, the DEM shall close the menhaden
fishery until further notice.
(2) If
at any time the stock estimate drops below 1,500,000 pounds, the DEM
shall close the commercial fishery until further notice.
(3) Non-directed
gear possession limit allowance: Upon closure of the fishery, the
possession limit is 6,000 pounds per vessel per day for vessels
utilizing non-directed gear.
2. Purse
seine restrictions: The use of purse seines in the Management Area
shall be permitted only in accordance with the following terms and
conditions:
a. All nets shall be less than
100 fathoms (600 feet) in length and less than 15 fathoms (90 feet)
in depth.
b. All nets shall be marked
with fluorescent-colored float buoys, distinguishable from the other
float buoys on the net, at intervals of 50 feet.
c. Annually, prior to use, all
nets shall be inspected and certified as being in conformance with
the provisions of this section by the DEM Division of Law Enforcement
(DLE). Once inspected and certified, a net may be used throughout the
duration of the calendar year in which it was inspected, provided
that it is not altered with regard to any of the provisions of this
section. Any net that is altered with regard to any of the provisions
of this section must be re-inspected and recertified prior to use.
3. Permanently
closed areas (waters) to purse seining for menhaden:
a. Providence River: All
waters north of a straight line extending from Rocky Point to
Conimicut Light to Nayatt Point.
b. Greenwich Bay: All waters
in Greenwich Bay west of a line from the flag pole on Warwick Point
to Sandy Point.
c. Harvest of menhaden in
permanently closed areas: No person harvesting menhaden shall possess
more than 200 menhaden per vessel per calendar day unless using gear
types other than purse seine.
4. Commercial
vessel restrictions: A fishing vessel engaged in the commercial
menhaden fishery may not have a useable fish storage capacity greater
than 120,000 pounds. Prior to the commencement of fishing, for any
vessel not previously certified through this process, each vessel
must be inspected by a certified marine surveyor and assessed with
regard to its fish storage capacity. Such certification must be kept
aboard the vessel at all times. Vessels must either be certified as
having a useable storage capacity of 120,000 pounds or less, or for
vessels with a fish storage capacity greater than 120,000 pounds the
excess capacity is rendered unusable in accordance with the
specifications set forth in the assessment.
5. Fall
opening in the Menhaden Management Area:
a. Beginning September 1
annually, the area south of a line extending from the Jamestown and
Newport Bridges, and the area south of a line extending from Fogland
Point to Sandy Point in the Sakonnet River, to the southern extent of
the Management Area, will be open to the harvest of menhaden by
purse seine provided that the state's quota has not been exhausted or
if the Episodic Event Set Aside Program has been enacted in RI.
b. Possession limit: 25,000
pounds per vessel per day.
6. Reporting
requirements:
a. Any fisher intending to
engage in the commercial menhaden fishery in the Management Area
shall notify the DLE at (401) 222-3070 prior to taking or possessing
menhaden. At the time that a fisher advises the DLE of his/her intent
to harvest menhaden, the DLE shall notify said fisher of any
modification which may have been established in the possession limit
for menhaden.
b. Each person engaging in the
commercial menhaden fishery shall contact the DEM at (401) 423-1940
at the end of each day to report the area fished and the amount of
menhaden in possession by the fisher in pounds.
B. Landing of menhaden in RI
under State Quota Program: An annual statewide quota for menhaden is
established annually for the State by the ASMFC. The quota shall
pertain solely to landings of menhaden in RI and shall not pertain to
the possession of menhaden in RI waters prior to landing.
1. The
landing limit is unlimited until the quota has been reached, as
determined by the DEM.
2. Once
the quota has been reached, the fishery will close for directed
fisheries, including but not limited to purse seine operations, and a
bycatch limit will be in effect. The bycatch limit will be:
a. Non-directed fisheries:
6,000 pounds per vessel per day.
b. Pound nets, fish traps,
anchored/staked gill nets, and fyke nets: If two commercially
licensed individuals are harvesting from the same vessel, two (2)
daily possession limits (12,000 pounds per vessel per day).
3. All
commercial menhaden operations conducted in the Management Area,
prior to and after the State’s quota has been reached, are subject
to the provisions of § 3.22.2(A) of this Part, unless using
non-directed gear.
C. Episodic Event Set Aside
Program:
1. After
the State’s quota has been reached, if RI is approved to
participate in the Episodic Event Set Aside Program for Menhaden, as
established by the ASMFC, the landing limit for menhaden will be
120,000 pounds per vessel per day for vessels associated with
directed fisheries for Menhaden, until the Set Aside quota has been
exhausted, as determined by the ASMFC and/or the DEM, at which time
the program will end and the directed fishery will close. Vessels
that target and land menhaden in RI under this program must harvest
only from RI waters and, if operating in the Management Area, must
adhere to all of the provisions as specified in these regulations.
2. Reporting
Requirements:
a. Any person intending to
engage in the commercial menhaden fishery under the Episodic Event
Set Aside Program must notify the DLE at (401) 222-3070 prior to
taking or possessing menhaden. At the time that a fisher advises the
DLE of his/her intent to harvest menhaden, the DLE shall notify said
fisher of any modification to the possession limit for menhaden that
is applicable to operations conducted in the Management Area.
b. Each person engaged in the
commercial menhaden fishery shall contact the DFW at (401) 423-1940
at the end of each daily trip or within four hours thereof to report
the amount of menhaden landed by the fisher in pounds. These
menhaden-specific reporting requirements are in addition to all other
existing commercial fishing reporting requirements as set forth in
the RI Marine Fisheries regulations.
3. Vessels
not associated with directed fisheries for menhaden may continue to
harvest and land in RI up to 6,000 pounds per vessel per day as
bycatch. Such vessels are not subject to the provisions of
sub-sections 3.22.2 A.1.a.(2)&(3), but are subject to the
provisions of section 3.22.2 A. with regard to operations conducted
in the Management Area, and are subject to all existing commercial
fishing reporting requirements as set forth in the RIMFR.
4. The
Episodic Event Set Aside Program will end on November 1 annually or
when the set aside quota has been harvested, whichever first occurs.
D. Prohibition on the
harvesting of menhaden for reduction processing: The taking of
Menhaden for reduction (fish meal) purposes is prohibited in Rhode
Island waters. A vessel will be considered in the reduction (fish
meal) business if any portion of the vessel’s catch is sold for
reduction.
E. No person may transfer or
attempt to transfer at sea, from one vessel to another, any finfish
identified in these regulations.
3.23 Monkfish
3.23.1 Recreational
A. Minimum size: Seventeen
inches (17”) total length or eleven inches (11”) tail length,
whether caught within the jurisdiction of this State or otherwise.
B. Possession limit: 50 pounds
tail weight, or 166 pounds whole weight per vessel per calendar day.
Whole weight is defined as the weight of monkfish that are gutted
(i.e. stomach, liver, and other entrails removed) and have the head
and tail attached.
3.23.2 Commercial
A. Minimum size: Seventeen
inches (17”) total length or eleven inches (11”) tail length
whether caught within the jurisdiction of this State or otherwise.
B. Fishing year: The
commercial monkfish fishery shall operate on a May 1 through April 30
fishing year.
C. Possession limit:
1. Non-federally
permitted RI licensed vessel: 700 pounds tail weight or 2,037 pounds
whole weight per vessel per calendar day. Whole weight is defined as
the weight of monkfish that are gutted (i.e. stomach, liver, and
other entrails removed) and have the head and tail attached. In SAFIS
landing monkfish in the “whole” is reported using the grade
“gutted, head on, tail on”.
a. The possession of monkfish
livers may not exceed the number of gutted-fish and tails combined.
b. The possession of monkfish
heads may not exceed the number of gutted-head-off-fish and tails
combined.
2. The
possession limit may be modified on the basis of a RI state water
monkfish quota as set by DEM, which shall be equal to 3% of the
federal Southern Management Area (SMA) Total Allowable Landings (TAL)
as specified by NOAA Fisheries. When 2% of the SMA TAL has been
harvested as determined by the DFW, the possession limit will
decrease to 50 pounds tail weight or 166 pounds whole weight per
vessel per calendar day for the remainder of the fishing year.
D. Vessels in possession of a
federal permit authorizing the harvest of monkfish may harvest
monkfish in state waters if and only if they are operating during a
previously and properly declared day-at-sea; in such instances, such
vessels may harvest monkfish in the amount authorized to be possessed
pursuant to federal regulations.
3.24 Pollock
3.24.1 Recreational
A. Minimum size: Nineteen
inches (19”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
recreational Pollock fishery shall operate on a May 1 through April
30 fishing year.
C. Possession limit:
1. There
is no recreational possession limit for pollock provided the vessel
is fishing in state waters and does not have a federal permit
authorizing the harvest of pollock.
2. Vessels
in possession of a federal permit authorizing the recreational
harvest of pollock in federal waters may harvest pollock in state
waters in the amount equal to the federal regulations.
3.24.2 Commercial
A. Minimum size: Nineteen
inches (19”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
commercial pollock fishery shall operate on a May 1 through April 30
fishing year.
C. Possession limit:
1. There
is no commercial possession limit for pollock provided the vessel is
fishing in state waters and does not have a federal permit
authorizing the harvest of pollock.
2. Vessels
in possession of a federal permit authorizing the commercial harvest
of pollock in federal waters may harvest pollock in state waters in
the amount equal to the federal regulations.
3.25 River herring
The harvest, landing, or
possession of River herring in the marine waters of Rhode Island is
prohibited.
3.26 Skate
3.26.1 Recreational
Possession limit: Ten (10)
fish per person per day.
3.26.2 Commercial
A. Fishing year: May 1 through
April 30 annually.
B. State-waters skate wing
fishery: Shall be defined as skate harvested, possessed, or landed by
a vessel:
1. Fishing
in state waters, not on a previously declared Day At Sea (DAS), and
without an active federal open-access skate permit; and
2. For
food for human consumption with a designated ACCSP Disposition Code
001 = Food.
3. Minimum
size: No minimum size.
4. Possession
limit: 18,200 pounds per vessel per week for wings only; or 41,314
pounds per vessel per week for whole skate.
C. Skate bait fishery: Shall
be defined as skate harvested, possessed, or landed by a vessel:
1. Fishing
in state waters, not on a previously declared DAS, without an active
federal open-access skate permit, and without a federal skate bait
Letter of Authorization (LOA); and
2. For
use as bait with a designated ACCSP Disposition Code 008 = Bait.
3. Maximum
length: Whole skates must measure less than twenty three (23) inches
total length.
4. Seasons
and possession limits:
a. Sub-period I - May 1
through July 31:
b. Sub-period II - August 1
through October 31:
c. Sub-period III - November 1
through April 30:
d. Possession Limit: The
starting possession limit for each sub-period will be 25,000 pounds
whole skate per vessel per day. When 90 percent of a bait skate TAL
allocation in either Sub-period I or II, or when 90 percent of the
annual Skate Bait TAL is landed, as determined by NOAA Fisheries, the
possession limit will be reduced to the whole weight equivalent of
the skate wing possession limit in effect at that time (either 5,902
pounds, 9,307 pounds, or 1,135 pounds whole skate).
3.26.3 Prohibited
species
The harvest, landing, or
possession of barndoor or thorny skate within the territorial waters
of the state of Rhode Island is prohibited.
3.27 Spiny dogfish
3.27.1 Commercial
A. Seasons, allocations, and
possession limit: RI is currently designated as a state that is part
of the Northern region. A Northern region possession limit and quota
for spiny dogfish will be established annually by the ASMFC. The
Northern region quota for spiny dogfish shall be the most recent
allocation by the ASMFC, which is currently set at 58% of the
coastwide quota.
1. Season:
May 1 until April 30 of the following year.
2. Possession
limit: 5,000 pounds per vessel per calendar day. When notified that
the quota in the Northern region has been harvested, or projected to
be harvested, as determined by the NOAA Fisheries or the ASMFC, the
DFW shall close the fishery for the remainder of the designated
period.
3. DFW
is hereby authorized to enter into agreements with the other Northern
Region States for the purpose of establishing seasons and
possession limits governing the taking of spiny dogfish, and may make
adjustments as deemed necessary to comply with said agreements. DFW
will consult with the Rhode Island state-water spiny dogfish fishers
prior to negotiating the subject agreements.
B. Prohibition of Finning:
Finning is defined as the act of taking a spiny dogfish, removing the
fins, and returning the remainder of the spiny dogfish to the sea.
Finning spiny dogfish is prohibited in state waters. In addition,
removing any fin of spiny dogfish at-sea is prohibited (including the
tail). All spiny dogfish must be landed with fins-naturally-attached
to the corresponding carcass. Gutting fish at-sea is permitted, so
long as the fins remain attached by a portion of uncut skin.
3.28 Yellowtail flounder
3.28.1 Recreational
A. Minimum size: Thirteen
inches (13”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
recreational Yellowtail flounder fishery shall operate on a May 1
through April 30 fishing year.
C. Possession Limit:
1. There
is no recreational possession limit for Yellowtail flounder provided
the vessel is fishing in state waters and does not have a federal
permit authorizing the harvest of Yellowtail flounder.
2. Vessels
in possession of a federal permit authorizing the recreational
harvest of Yellowtail flounder in federal waters may harvest
Yellowtail flounder in state waters in the amount equal to the
federal regulations.
3.28.2 Commercial
A. Minimum size: Twelve inches
(12”), whether caught within the jurisdiction of this State or
otherwise.
B. Fishing year: The
commercial Yellowtail flounder fishery shall operate on a May 1
through April 30 fishing year.
C. Possession Limit:
1. There
is no commercial possession limit for Yellowtail flounder provided
the vessel is fishing in state waters and does not have a federal
permit authorizing the harvest of Yellowtail flounder.
2. Vessels
in possession of a federal permit authorizing the commercial harvest
of Yellowtail flounder in federal waters may harvest Yellowtail
flounder in state waters in the amount equal to the federal
regulations.
3.29 Weakfish
3.29.1 Recreational
A. Minimum size: Sixteen
inches (16”).
B. Season: January 1 through
December 31.
C. Possession limit: One (1)
fish per person per calendar day, whether caught within the
jurisdiction of this state or otherwise.
3.29.2 Commercial
A. Minimum size: Sixteen
inches (16”), whether caught within the jurisdiction of this State
or otherwise.
B. Seasons and possession
limits:
1. June
1 through June 30: One hundred (100) pounds per vessel per calendar
day.
2. August
7 through November 8: One hundred (100) pounds per vessel per
calendar day.
3. At
all other times, the possession limit is one hundred (100) pounds per
vessel per calendar day as bycatch only with an equivalent poundage
of other species required to be on board the vessel. Provided,
however, that the commercial hook and line fishery is not permitted a
bycatch allowance.
C. For directed trawl
operations, cod end mesh size must be ? 4.5” diamond or 4.0”
square.
3.30 Winter Flounder
3.30.1 Recreational
A. Minimum size: Twelve (12)
inches whether caught within the jurisdiction of this State or
otherwise.
B. Season: March 1 through
December 31.
C. Possession limit: Two (2)
fish per person per calendar day in Rhode Island waters.
D. Closed Areas: The harvest
or possession of Winter flounder is prohibited in Narragansett Bay
north of the Colregs line; Potter Pond; Point Judith Pond; and the
Harbor of Refuge.
3.30.2 Commercial
A. Minimum Size: Twelve (12)
inches whether caught within the jurisdiction of this State or
otherwise.
B. Season: January 1 through
December 31.
C. Possession limit: Fifty
(50) pounds per vessel per day.
D. Closed Areas: The harvest
or possession of Winter flounder is prohibited in Narragansett Bay
north of the Colregs line; Potter Pond; Point Judith Pond and the
Harbor of Refuge.
E. Minimum mesh size:
1. Bottom
trawl nets: Six (6) inch diamond mesh or six and one half (6.5) inch
square mesh applied throughout the body and extension of the net, or
any combination thereof, and six and one half (6.5) inch diamond mesh
or six and one half (6.5) inch square mesh applied to the cod end of
the bottom trawl nets.
2. Gill
nets: Six and one half (6.5) inch diamond mesh or six and one half
(6.5) inch square mesh applied throughout the net. Vessels may
utilize commercial fishing gear with mesh smaller than the sizes
referenced in this section provided they do not possess any Winter
flounder.
a. For vessels greater than 45
ft. in length overall, a diamond mesh cod end is defined as the first
50 meshes counting from the terminus of the net, and a square mesh
cod end is defined as the first 100 bars counting from the terminus
of the net.
b. For vessels 45 ft or less
in length overall, a diamond mesh cod end is defined as the first 25
meshes counting from the terminus of the net, and a square mesh cod
end is defined as the first 50 bars counting from the terminus of the
net.
F. With the exception of
gillnets and fyke nets, fishing for Winter flounder in waters north
of the seaward entrance to all coastal salt ponds, (with the
exception of Point Judith Pond and the Harbor of Refuge where the
harvest or possession of winter flounder is prohibited), including
the waters of Narrow River, and the waters of Little Narragansett Bay
north of a line from Napatree Point to the western end of Sandy
Point, including the waters of the Pawcatuck River, will be
prohibited from one hour after sunset until one hour before sunrise.
Gillnets and fyke nets may not be hauled from one hour after sunset
to one hour before sunrise.
3.31 Witch flounder
3.31.1 Recreational
A. Minimum size: Fourteen
inches (14”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
recreational Witch flounder fishery shall operate on a May 1 through
April 30 fishing year.
C. Possession Limit:
1. There
is no recreational possession limit for Witch flounder provided the
vessel is fishing in state waters and does not have a federal permit
authorizing the harvest of Witch flounder.
2. Vessels
in possession of a federal permit authorizing the recreational
harvest of Witch flounder in federal waters may harvest Witch
flounder in state waters in the amount equal to the federal
regulations.
3.31.2 Commercial
A. Minimum size: Thirteen
inches (13”), whether caught within the jurisdiction of this State
or otherwise.
B. Fishing year: The
commercial Witch flounder fishery shall operate on a May 1 through
April 30 fishing year.
C. Possession limit:
1. There
is no commercial possession limit for Witch flounder provided the
vessel is fishing in state waters and does not have a federal permit
authorizing the harvest of Witch flounder.
2. Vessels
in possession of a federal permit authorizing the commercial harvest
of Witch flounder in federal waters may harvest Witch flounder in
state waters in the amount equal to the federal regulations.